International Commercial Law (Deakin University, 2002)

Topic 1 - Introduction to international commercial law
Topic 2 - International Sale of Goods
Topic 3 - International Carriage of Goods
Topic 4 - International Finance
Topic 5 - Domestic Legislation Governing International Trade
International Bodies
Other Links

ICL Web site 2001

GATT 1947

GATT 1994

World Trade Organisation (WTO)

United Nations Convention for the International Sale of Goods (1980) (Vienna Sales Convention/CISG)

UNCITRAL Model Law on International Commercial Arbitration (Model Law)

United Nations Convention for the International Sale of Goods (1980) (Vienna Sales Convention/CISG)

Statute of the International Court of Justice

International Court of Justice

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of Treaties between States and International Organisations or between International Organisations (not yet in force)

The Australian Treaty Making Information Kit 2000

The International Law of Treaties

United Nations Convention for the International Sale of Goods (1980) (Vienna Sales Convention/CISG)

• Vienna Sales Convention (alternate site)

The law of treaties and international commercial law

Vienna Convention on the Law of Treaties

International Institutions

United Nations (UN)

World Trade Organisation (WTO)

World Customs Organisation (formerly Customs Co-operation Council (CCC))

International Monetary Fund (IMF)

World Bank

International Development Association (IDA)

International Finance Corporation (IFC)

International Centre for the Settlement of Investment Dispues (ICSID)

United Nations Conference on Trade and Development (UNCTAD)

Organisation for Economic Co-operation and Development (OECD)

United Nations Commission on International Trade Law (UNCITRAL)

World Intellectual Property Organisation (WIPO)

Food and Agriculture Organisation

Why is conflict of laws relevant?

Voth v Manildra Flour Mills Pty Ltd & Anor (1990) 171 CLR 53

Goods Act 1958 (Vic)

What is a contract for the international sale of goods?

United Nations Convention for the International Sale of Goods (1980) (Vienna Sales Convention/CISG)

• Vienna Sales Convention (alternate site)

Incoterms 2000

ICC International Rules for the Interpretation of Trade Terms (Incoterms) 1990

ICC International Rules for the Interpretation of Trade Terms (Incoterms) 2000

Bills of lading

Carriage of Goods by Sea Regulations 1998 (Cth)

Laws affecting contracts for the international sale of goods

Vienna Sales Convention (1980)

• Sale of Goods (Vienna Convention) Act 1987 (Vic)

Hague Conventions on the Uniform Laws on International Sales 1964

• Uniform Law on International Sale of Goods 1964
• Uniform Law on the Formation of Contracts for the International Sale of Goods 1964

Convention on the Limitation Period in the International Sale of Goods 1974

• Convention on the Limitation Period in the International Sale of Goods 1974 (as amended by the 1980 Protocol)
• Convention on the Limitation Period in the International Sale of Goods (New York 1974) (alternate site)

UNCITRAL Convention on International Bills of Exchange and International Promissory Notes 1988

International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (the Hague Rules 1924)

United Nations Convention on the Carriage of Goods by Sea (the Hamburg Rules 1978)

• Status of Hamburg Rules

United Nations Convention on International Multimodal Transport of Goods

ICC International Rules for the Interpretation of Trade Terms (Incoterms) 1990

Australian Legislation

• Constitution
• Banking Act 1997 (Cth)
• Bills of Exchange Act 1909 (Cth)
• Civil Aviation (Carriers' Liability) Act 1959 (Cth)
• Foreign Acquisition and Takeovers Act 1975 (Cth)
• Goods Act 1958 (Vic)
• Marine Insurance Act 1909 (Cth)
• Securities Industry Act 1980 (Cth)
• Trade Practices Act 1974 (Cth) (Part X, International Liner Cargo Shipping)

Introduction

Vienna Sales Convention (1980)

Convention on the Law Applicable to Contracts for the International Sale of Goods (Hague 1985)

Formation of a Contract

Vienna Sales Convention (1980) (Articles 14-24)

Performance of the Contract

Vienna Sales Convention (1980) (Articles 25-88)

Goods Act 1958 (Vic)

Bills of Lading

Sample Bills of Lading

• Straight Bill of Lading (US)
• Drayage Contractor's Short Form Bill of Lading

International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (the Hague Rules 1924)

Protocol to amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Hague-Visby Rules 1968)

Carriage of Goods by Sea Act 1991 (Cth)

Carriage of Goods by Sea Regulations 1998 (Cth)

Carriage of Goods by Sea

International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (the Hague Rules 1924)

Protocol to amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Hague-Visby Rules 1968)

United Nations Convention on the Carriage of Goods by Sea (the Hamburg Rules 1978)

• Status of Hamburg Rules

United Nations Convention on International Multimodal Transport of Goods (Geneva 1980)

Carriage of Goods by Sea Act 1991 (Cth)

Carriage of Goods by Sea Regulations 1998 (Cth)

Shipping Corp of India v Gamlen Chemical Co A/Asia Ltd (1980) 147 CLR 142

Other Shipping Documents

CMI Rules for Electronic Bills of Lading 1990

CMI Uniform Rules for Sea Waybills

Carriage of Goods by land

Convention on Contracts for the International Carriage of Goods by Road (CMR)

Convention concerning International Carriage of Goods by Rail (COTIF)

Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM)

Carriage of Goods by air

Civil Aviation (Carriers' Liability) Act 1959

Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Carriage by Air 1929)

The Hague Protocol to the Warsaw Convention 1955 (Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, Done at the Hague on 28 September 1955)

Montreal Protocol 4 - Additional Protocol No. 4 To The Warsaw Convention (Additional Protocol No. 4 to Amend Convention for the Unification of Certain Rules Relating to International Carriage By Air Signed At Warsaw on 12 October 1929, As Amended By the Protocol Done at the Hague on 28 September 1955, Signed at Montreal on 25 September 1975)

Guadalajara Convention 1961 (Convention Suppelementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, Signed in Guadalajara on 18 September 1961)

Guatemala City Protocol 1971 (Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, as Amended By The Protocol Done At The Hague on 28 September 1955, Signed at Guatamela City, on 8 March 1971)

Convention for the Unification of Certain Rules for International Carriage by Air 1999

Multimodal Transport

UNCTAD/ICC Rules for Multimodal Transport Documents

Bills of Exchange Act 1909 (Cth)

• Section 8 (Bills of exchange defined)
• Section 12 (Certainty required as to payee)
• Section 14 (Sum payable)
• Section 15 (Bill payable on demand)
• Section 28 (Signature essential to liability)
• Section 59 (Liability of acceptor)
• Section 60 (Liability of drawer or indorser)
• Section 61 (Stranger signing bill liable as indorser)
• Section 63 (Transferor by delivery and transferee)

Uniform Law for Bills of Exchange and Promissory Notes 1930 (Geneva Convention)

UN Convention on International Bills of Exchange and International Promissory Notes 1988 (not in force)

ICC Uniform Rules for Collections - Adherence list

ICC Home Page

Review of the international banking and finance system

International Monetary Fund (IMF)

International Bank for Reconstruction and Development (World Bank)

Asian Agricultural and Development Bank

Convention on the Unification of the Laws relating to Cheques (Uniform Law on Cheques)

UN Convention on International Bills of Exchange and International Promissory Notes 1988 (not in force)

Issue of bonds

Investing In Bonds . com
From the Bond Market Association

An Investor's Guide to Bond Basics
From the Bond Market Association - includes sections on 'What are bonds?', 'Why Invest in Bonds?', and several others

International Monetary Fund

International Monetary Fund (IMF)

International Bank for Reconstruction and Development (World Bank)

GATT 1947

GATT 1994

GATT 1994 (1999-2000 ed)

Selected terms of international trade

The most favoured nation

GATT 1994

Australia New Zealand Closer Economic Relations Trade Agreement

• Guide to the CER (at DFAT)

European Union Web Site (Europa)

North American Free Trade Agreement (NAFTA)

National Treatment

GATT 1994

Preferential Treatment

Australia New Zealand Closer Economic Relations Trade Agreement

• Guide to the CER (at DFAT)

North American Free Trade Agreement (NAFTA)

Investment Guide to Xiamen Special Economic Zone (SEZ)

Meaning of non-discrimination in international trade and commerce

GATT 1994

What is dumping in international trade?

GATT 1994

Wattmaster Alco v. Button (1985) 69 ALR 455 (8 FCR 471)

What is anti-dumping in international trade?

GATT 1994

Agreement on Implementation of Article VI of the GATT 1994 (antidumping) (pdf format)

What is antitrust in international trade?

Foreign Proceedings (Excess of Jurisdiction) Act 1984

Foreign Antitrust Judgments (Restriction of Enforcement) Act 1979 (repealed by Foreign Proceedings (Excess of Jurisdiction) Act 1984)

Trade Practices Act 1974

GATT 1994

Selected forms of international trade and commerce

International licensing contracts and the like

Paris Convention for the Protection of Industrial Property

International Union for the Protection of Industrial Property (Paris Union)

Universal Copyright Convention 1952

Berne Convention For teh Protection of Literary and Artistic Works

World Intellectual Property Organisation Copyright Treaty 1996

Patent Cooperation Treaty 1970

European Patent Convention 1973

World Intellectual Property Organisation (WIPO)

Agreement Concerning the International Registration of Marks 1891 (Madrid Agreement)

International construction contracts

GATT 1994

World Trade Law.net
This is a wonderful resource for GATT, WTO etc.

Uraguay Round Agreements, Understandings, Decisions and Declarations

What is the GATT?

Uraguay Round Final Act and WTO agreements (all from WTO site - all in PDF format)

• Final Act
• Agreement Establishing the WTO
• ANNEX 1
• ANNEX 1A: MULTILATERAL AGREEMENTS ON TRADE IN GOODS

• GATT 1994
• GATT 1947
• Understanding on the Interpretation of Article II:l(b) of the General Agreement on Tariffs and Trade 1994 (“other duties and charges”)Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994 (on state trading enterprises)
• Understanding on Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994
• Understanding on the Interpretation of Article XXIV of the General Agreement on Tariffs and Trade 1994 (on regional trade agreements)
• Understanding in Respect of Waivers of Obligations under the General Agreement on Tariffs and Trade 1994
• Understanding on the Interpretation of Article XXVIII of the General Agreement on Tariffs and Trade 1994 (on concession withdrawal)
• Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994
• Agreement on Agriculture
• Agreement on the Application of Sanitary and Phytosanitary Measures
• Agreement on Textiles and Clothing
• Agreement on Technical Barriers to Trade
• Agreement on Trade-Related Investment Measures
• Agreement on Implementation of Article VI of the GATT 1994 (antidumping)
• Agreement on Implementaiton of Article VII of the GATT 1994 (customs valuation)
• Agreement on Preshipment Inspection
• Agreement on Rules of Origin
• Agreement on Import Licencing Procedures
• Agreement on Subsidies and Countervailing Measures
• Agreement on Safeguards

• ANNEX 1B: GENERAL AGREEMENT ON TRADE IN SERVICES

• ANNEX 1C: AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

• ANNEX 2: Understanding on Rules and Procedures Governing the Settlement of Disputes
• ANNEX 3: Trade Policy Review Mechanism
• ANNEX 4: Plurilateral Trade Agreements

World Trade Organisation

The main functions of GATT

Structure of GATT

World Trade Organisation

GATT 1994

WTO Committee on Trade and Development

Unifying the antidumping policies of the contracting parties

GATT 1994

Agreement on Implementation of Article VI of the GATT 1994 (antidumping)

Unifying the rules governing exchange control

GATT 1994

International Monetary Fund (IMF)

Developing new areas of international economic cooperation

Official Website for the WTO 4th Ministerial Conference, November 2001, Doha, Qatar

The GATT and the international commodity agreements

International Commodity Agreements (some background info)

• International Coffee Agreement 1976
• International Coffee Organisation
• International Cocoa Agreeement
• International Cocoa Organisation

GATT 1994

United Nations Conference on Trade and Development (UNCTAD)

Australia and the GATT

Australian Export and the GATT

GATT 1994

EU

Association of South East Asian Nations (ASEAN)

North American Free Trade Agreement (NAFTA)

Asia Pacific Economic Cooperation (APEC)

Australian Constitution

Customs Act 1901

Control of Imports

Excise Act 1901

Excise Tariff Act 1921

Customs Tariff Act 1995

Customs Tariffs (Anti-Dumping Act) 1975

Customs Administration Act 1986

Customs Securities (Penalties) Act 1981

Customs Tariff (New Zealand Preference) Agreement Act 1933 (repealed by http://www.austlii.edu.au/au/legis/cth/num_act/ceablaa1995482/)

Control of Exports

Export Control Act 1982

Export Expansion Grants Act 1978

Export Finance and Insurance Corporation Act 1991

Export Inspection Charge Collection Act 1985

Export Market Development Grants Act 1997

Customs (Prohibited Exports) Regulations

Australia New Zealand Closer Economic Relations - Trade Agreement

Australia New Zealand Closer Economic Relations Trade Agreement

• Guide to the CER (at DFAT)

GATT 1994

Antitrust and the TPA 1974

Trade Practices Act 1974

Trade Practices Act 1974, section 5

The GATT and the EU

What is the EU?

European Union

• Treaty overview and background
• Treaty of Rome as amended (Treaty establishing the European Community)
• Treaty Establishing the European Community(consolidated in PDF format)
• Treaty Establishing the European Community
• Treaty on European Union
• Treaty Establishing the European Atomic Energy Community (Euratom)
• Treaty Establishing the European Coal and Steel Community (ECSC) (Treaty of Paris)
• Single European Act 1987
• The Amsterdam Treaty 1999
• Treaty of Nice 2001

European Parliament

Council of the European Union

• European Council

European Commission

European Court of Justice

Court of Auditors

Economic and Social Committee

International Legal Framework for Foreign Investment

Organisation for Economic Co-operation and Development (OECD)

• List of OECD Member Countries

International Labour Organisation (ILO)

United Nations Economic and Social Council (UNECOSCO)

International Chamber of Commerce (ICC)

OECD Declaration and Decision on International Investment and Multinational Enterprises

• OECD Guidelines for Multinational Enterprises - Decision of the Council - June 2000
• OECD Guidelines for Multinational Enterprises - Text

TRIMS Agreement (direct link to PDF file)

• GATT 1994
  In Adobe Acrobat PDF format
• GATT 1994 (1999-2000 ed)
  Available at Cornell University
• WTO Agreement Documents(including TRIMs)

International Court of Justice

Foreign Investment Law in Australia

Foreign Acquisitions and Takeovers Act 1975 (Cth)

Foreign Acquisitions and Takeovers Regulations 1989

Foreign Investment Review Board (FIRB)

• About the Foreign Investment Review Board
• FIRB Policy Guidelines
• FIRB Annual Report 1999-2000

Press Release - Foreign Investment Policy Changes [03/09/1999]

Foreign Investment Law in China

Legal Framework

China Ministry of Foreign Trade and Economic Cooperation (MOFTEC)

• MOFTEC - Department of Foreign Investment

Foreign Investment Laws & Regulations (from MOFTEC)

Chinese Laws and Regulations on Foreign Investment

PRC Law Explained
Includes some articles relating to Chinese Foreign Investment Law at ChinaLawWeb

Provisions of the State Council on the Encouragement of Foreign Investment 1986

Establishment of a joint equity venture

Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures

Regulations For the Implentation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures

Establishment of a cooperative venture

Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures

Detailed Rules on the Implementation of the Law of People's Republic of China on Sino-Foreign Joint Cooperative Ventures

Advantages of the Cooperative Joint Venture Structure
By Charles D Paglee at China Law Web

Law of the People's Republic of China on Foreign-Capital Enterprises

Rules for the Implementation of the Law of the People's Republic of China on Foreign-Capital Enterprises

Establishment of a solely foreign owned venture

Wholly Foreign Owned Enterprise Law of the People's Republic of China
At Chinalaw Web

Special zones and the foreign investment power of local governments

Investment Guide to Xiamen Special Economic Zone (SEZ)
Includes sections on the Investment climate, Investment Procedure, Investment Orientation and Investment Policy

Tianjin Economic Technological Development Area (TEDA) (overview)

Tianjin Investment Guide
Sections on Invesetment Environment, Special Open Areas (Economic-Technological Development Area, Port Free Trade Zone, High-Tech Industry Park, and other Sub-development Areas), Forms of Investment, Favorable Terms for Investment and Relative Fees, Investment Procedures, Laws and Regulations and Administrative Organisations

What are international commercial disputes?

UNCITRAL Model Law on International Commercial Arbitration (Model Law)

Defining the Means of Dispute Resolution

Foreign States Immunities Act 1985 (Cth)

Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)

International Centre for the Settlement of Investment Disputes (ICSID)

International Arbitration Act 1974 (Cth)

Agreement Between the Government of Australia and the Government of the Republic of Indonesia concerning the Promotion and Protection of Investments

UNCITRAL Conciliation Rules 1980

UNCITRAL Model Law on International Commercial Arbitration 1985

Foreign Judgments Act 1991 (Cth)

Domestic courts and international commercial litigation

Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 64 ALR 481 (High Court)

Voth v Manildra Flour Mills Pty Ltd & Anor (1990) 171 CLR 53

Introduction to Conflict of Laws

Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters

Food and Agriculture Organisation

International Centre for the Settlement of Investment Dispues (ICSID)

International Chamber of Commerce (ICC)

International Development Association (IDA)

International Finance Corporation (IFC)

International Monetary Fund (IMF)

Organisation for Economic Co-operation and Development (OECD)

United Nations (UN)

UN International Law Page

United Nations Commission on International Trade Law (UNCITRAL)

United Nations Conference on Trade and Development (UNCTAD)

UNIDROIT (International Institute for the Unification of Private Law

World Bank

World Customs Organisation (formerly Customs Co-operation Council (CCC))

World Intellectual Property Organisation (WIPO)

World Trade Organisation (WTO)

Lex Mercatoria Home Page

Deakin Law School International Law Links

Deakin Law School Treaty Links

Pace University – UN Convention for the International Sale of Goods
Annotated text of the CISG (Guides to each article, cases interpreting each article, legislative history of each article, scholarly writing on each article), cases on the CISG (over 500 – general search or by country), CISG Treaty Texts and Information (texts in different languages, identification of contracting sites, texts of ULIS and ULF), scholarly materials on the CISG (Introduction to the CISG, UNCITRAL outline of issues, bibliography of the CISG, full texts of writings on the CISG), more on the CISG (new features of this database, links to other international trade databases, search multiple websites simultaneously), the Pace Institute and CISG events (goals and collegues of the Institute, the Pace Arbitration moot on the CISG, the Pace essay competition on the CISG)

Australian Treaties Library (Department of Foreign Affairs and Trade / AustLII)

Treaties and International Agreements Links (AustLII)

International Trade Instruments, Treaties, Conventions, Model Laws, Rules: A Reverse Chronological list

WTO/GATT Research
Article by Jeanne Rehberg (15 October 1999) at LLRX - very useful article

Return to Julie Brebner's home page

Go to Deakin Legal Research Website